EXECUTIVE BUDGET BILL
March 3, 2010, Introduced by Senators SCOTT and SWITALSKI and referred to the Committee on Appropriations.
A bill to make appropriations for the department of energy,
labor and economic growth and certain other state purposes for the
fiscal year ending September 30, 2011; to provide for the
expenditure of those appropriations; to provide for the imposition
of certain fees; to provide for the disposition of fees and other
income received by the state agencies; to provide for reports to
certain persons; and to prescribe powers and duties of certain
state departments and certain state and local agencies and
officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of energy, labor and economic growth, subject to the
conditions set forth in this bill, for the fiscal year ending
September 30, 2011, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF ENERGY, LABOR AND ECONOMIC GROWTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions........ 4,642.5
GROSS APPROPRIATION.................................... $ 1,496,943,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,503,500
ADJUSTED GROSS APPROPRIATION........................... $ 1,483,440,300
Federal revenues:
Total federal revenues................................. 1,008,535,800
Special revenue funds:
Total local revenues................................... 16,020,400
Total private revenues................................. 6,085,000
Total other state restricted revenues.................. 407,372,400
State general fund/general purpose..................... $ 45,426,700
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions.......... 153.0
Unclassified salaries.................................. $ 4,625,200
Executive director programs--49.0 FTE positions........ 6,070,000
Property management.................................... 11,800,800
Rent................................................... 15,199,300
Worker's compensation.................................. 876,200
Special project advances............................... 940,000
Administrative services--104.0 FTE positions........... 10,933,600
GROSS APPROPRIATION.................................... $ 50,445,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 300,000
Federal revenues:
DED-OSERS, rehabilitation services, vocational
rehabilitation state grants.......................... 4,172,000
DOE-OEERE, multiple grants............................. 68,700
DOL-ETA, unemployment insurance........................ 11,363,500
DOL-ETA, workforce investment act...................... 910,800
DOL, federal funds..................................... 1,693,600
DOL, multiple grants for safety and health............. 753,900
Federal revenues....................................... 615,600
HHS, temporary assistance for needy families........... 333,400
HHS, titles XVIII and XIX.............................. 55,000
Special revenue funds:
Local revenues......................................... 131,300
Private - special project advances..................... 940,000
Bank fees.............................................. 344,800
Boiler fee revenue..................................... 244,500
Construction code fund................................. 1,104,900
Consumer finance fees.................................. 73,400
Contingent fund, penalty and interest account.......... 883,600
Corporation fees....................................... 4,499,400
Credit union fees...................................... 356,600
Deferred presentment service transaction fees.......... 24,900
Elevator fees.......................................... 257,200
Fees and collections/asbestos.......................... 98,300
Fire service fees...................................... 748,700
Insurance bureau fund.................................. 505,300
Insurance licensing and regulation fees................ 1,834,700
Land bank fast track fund.............................. 24,700
Licensing and regulation fees.......................... 975,000
Liquor purchase revolving fund......................... 4,722,700
MBLSLA fund............................................ 84,200
Michigan state housing development authority fees
and charges.......................................... 3,790,100
Mobile home code fund.................................. 252,400
Motor carrier fees..................................... 205,500
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,263,300
Retired engineers technical assistance program fund.... 238,900
Safety education and training fund..................... 725,900
Second injury fund..................................... 247,500
Securities fees........................................ 2,402,600
Self-insurers security fund............................ 88,300
Silicosis and dust disease fund........................ 109,900
Tax tribunal fund...................................... 176,500
Video franchise assessments............................ 4,000
Workers compensation administrative revolving fund..... 100,000
State general fund/general purpose..................... $ 1,705,500
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 364.0
Administration--35.0 FTE positions..................... $ 7,243,500
Regulatory compliance and consumer assistance--104.0
FTE positions........................................ 16,258,500
Financial evaluation--225.0 FTE positions.............. 33,685,300
GROSS APPROPRIATION.................................... $ 57,187,300
Appropriated from:
Federal revenues:
Federal regulatory project revenue..................... 50,400
Special revenue funds:
Bank fees.............................................. 8,245,900
Captive insurance regulatory and supervision fund...... 247,800
Consumer finance fees.................................. 4,141,600
Credit union fees...................................... 6,063,400
Deferred presentment service transaction fees.......... 2,568,300
Insurance bureau fund.................................. 20,188,400
Insurance continuing education fees.................... 1,010,200
Insurance licensing and regulation fees................ 4,671,200
MBLSLA fund............................................ 4,696,000
Multiple employer welfare arrangement.................. 73,700
Securities fees........................................ 4,230,400
Securities investor education and training fund........ 1,000,000
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY SYSTEMS
Full-time equated classified positions.......... 213.0
Public service commission--190.0 FTE positions......... $ 26,752,400
Bureau of energy systems--18.0 FTE positions........... 7,083,300
METRO authority--5.0 FTE positions..................... 343,400
GROSS APPROPRIATION.................................... $ 34,179,100
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 4,688,100
DOT-RSPA, gas pipeline safety.......................... 430,000
Special revenue funds:
Private - oil overcharge............................... 30,000
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 1,689,100
Public utility assessments............................. 24,624,300
Restructuring mechanism assessments.................... 440,000
Retired engineers technical assistance program fund.... 1,605,000
Video franchise assessments............................ 400,000
State general fund/general purpose..................... $ 0
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 3,708,700
Liquor licensing and enforcement--124.0 FTE positions.. 13,274,600
GROSS APPROPRIATION.................................... $ 16,983,300
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 120,000
Liquor license revenue................................. 6,871,200
Liquor purchase revolving fund......................... 9,992,100
State general fund/general purpose..................... $ 0
Sec. 106. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.......... 289.0
Payments on behalf of tenants.......................... $ 166,860,000
Housing and rental assistance program--266.0 FTE
positions............................................ 46,958,600
State historic preservation programs--23.0 FTE
positions............................................ 3,104,700
Lighthouse preservation program........................ 307,500
GROSS APPROPRIATION.................................... $ 217,230,800
Appropriated from:
Federal revenues:
DOI-NPS, historic preservation grants-in-aid........... 1,190,800
HUD, lower income housing assistance program........... 166,860,000
Special revenue funds:
Michigan lighthouse preservation fund.................. 307,500
Michigan state housing development authority fees
and charges.......................................... 48,872,500
State general fund/general purpose..................... $ 0
Sec. 107. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 435.0
Boiler inspection program--25.0 FTE positions.......... $ 2,891,800
Bureau of fire services--57.0 FTE positions............ 5,596,400
Code enforcement--120.0 FTE positions.................. 13,788,100
Commercial services--170.0 FTE positions............... 18,593,600
Elevator inspection program--30.0 FTE positions........ 3,107,700
Manufactured housing and land resources
program--22.0 FTE positions.......................... 2,670,500
Property development group--11.0 FTE positions......... 1,667,300
GROSS APPROPRIATION.................................... $ 48,315,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
Federal revenues:
DOT.................................................... 60,000
FEMA................................................... 28,000
HHS, titles XVIII and XIX.............................. 700,000
Special revenue funds:
Accountancy enforcement fund........................... 419,900
Boiler fee revenue..................................... 3,317,200
Builder enforcement fund............................... 415,600
Construction code fund................................. 12,966,500
Corporation fees....................................... 6,217,400
Elevator fees.......................................... 3,503,900
Fire alarm fees........................................ 113,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 1,955,000
Land sales fees........................................ 55,600
Licensing and regulation fees.......................... 11,009,600
Mobile home code fund.................................. 2,670,500
Property development fees.............................. 300,500
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 283,800
Real estate enforcement fund........................... 369,400
Security business fund................................. 327,000
State fire services fund............................... 2,600,000
Survey and remonumentation fund........................ 753,700
Unarmed combat fund.................................... 61,400
State general fund/general purpose..................... $ 0
Sec. 108. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 27,977,500
GROSS APPROPRIATION.................................... $ 27,977,500
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 13,056,700
Special revenue funds:
Corporation fees....................................... 3,697,100
Fees and collections/asbestos.......................... 902,300
Safety education and training fund..................... 8,358,600
Securities fees........................................ 1,962,800
State general fund/general purpose..................... $ 0
Sec. 109. BUREAU OF WORKER'S AND UNEMPLOYMENT COMPENSATION
Full-time equated classified positions........ 1,551.0
Administration--96.6 FTE positions..................... $ 9,758,800
Board of magistrates and appellate commission--19.4
FTE positions........................................ 2,985,600
Wage and hour division--35.0 FTE positions............. 3,367,900
Insurance funds administration--28.0 FTE positions..... 4,854,300
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,302.7 FTE positions........... 135,874,600
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,050,500
Training program for agency staff--2.1 FTE positions... 1,827,000
Expanded fraud control program--33.2 FTE positions..... 3,448,800
GROSS APPROPRIATION.................................... $ 167,487,500
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 1,173,800
DOL-ETA, unemployment insurance........................ 138,532,600
Federal Reed act funds................................. 4,494,500
Special revenue funds:
Corporation fees....................................... 3,403,500
Contingent fund, regular penalty and interest account.. 1,500,000
Second injury fund..................................... 2,613,200
Securities fees........................................ 2,543,700
Self-insurers security fund............................ 1,235,700
Silicosis and dust disease fund........................ 1,005,400
Worker's compensation administrative revolving fund.... 2,814,800
State general fund/general purpose..................... $ 8,170,300
Sec. 110. STATE OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions.......... 178.0
Administrative hearings and rules--178.0 FTE positions. $ 25,402,100
GROSS APPROPRIATION.................................... $ 25,402,100
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 13,103,500
Federal revenues:
Federal revenue - administrative hearings and rules.... 7,438,600
Special revenue funds:
State restricted revenue - administrative hearings and
rules................................................ 4,860,000
State general fund/general purpose..................... $ 0
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 46,262,900
GROSS APPROPRIATION.................................... $ 46,262,900
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 21,771,400
DOL, multiple grants for safety and health............. 273,700
Federal revenues....................................... 6,454,300
HHS, temporary assistance for needy families........... 176,300
Special revenue funds:
Bank fees.............................................. 269,500
Boiler fee revenue..................................... 340,500
Construction code fund................................. 1,027,500
Consumer finance fees.................................. 115,100
Corporation fees....................................... 2,833,700
Credit union fees...................................... 227,100
Deferred presentment service transaction fees.......... 95,700
Elevator fees.......................................... 271,300
Fees and collections/asbestos.......................... 11,000
Fire service fees...................................... 623,500
Insurance bureau fund.................................. 580,500
Insurance continuing education fees.................... 26,700
Insurance licensing and regulation fees................ 330,000
Land bank fast track fund.............................. 157,500
Licensing and regulation fees.......................... 1,148,400
Liquor purchase revolving fund......................... 2,630,900
MBLSLA fund............................................ 115,200
Mobile home code fund.................................. 152,800
Michigan state housing development authority fees
and charges.......................................... 3,265,600
Motor carrier fees..................................... 148,900
Public utility assessments............................. 979,100
Retired engineers technical assistance program fund.... 23,200
Safety education and training fund..................... 684,700
Second injury fund..................................... 158,600
Securities fees........................................ 923,500
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
Tax tribunal fund...................................... 210,000
State general fund/general purpose..................... $ 103,700
Sec. 112. WORKFORCE DEVELOPMENT
Full-time equated classified positions.......... 872.5
Employment services--246.0 FTE positions............... $ 49,580,800
Labor market information--52.0 FTE positions........... 6,627,000
Michigan rehabilitation services--513.5 FTE positions.. 73,681,500
Workforce programs administration--61.0 FTE positions.. 13,383,200
GROSS APPROPRIATION.................................... $ 143,272,500
Appropriated from:
Federal revenues:
DAG, employment and training........................... 178,700
DED-OPSE, multiple grants.............................. 1,222,900
DED-OSERS, centers for independent living.............. 58,200
DED-OSERS, rehabilitation long-term training........... 316,900
DED-OSERS, rehabilitation services, vocational
rehabilitation state grants.......................... 57,180,100
DED-OSERS, state grants for technical-related
assistance........................................... 59,200
DOL-ETA, workforce investment act...................... 8,033,600
DOL, federal funds..................................... 49,752,600
HHS-SSA, supplemental security income.................. 3,770,800
HHS, temporary assistance for needy families........... 3,371,600
Special revenue funds:
Local revenue.......................................... 4,405,300
Local vocational rehabilitation match.................. 2,684,500
Private - gifts, bequests, and donations............... 816,000
Contingent fund, penalty and interest account.......... 1,853,100
Rehabilitation services fees........................... 1,350,300
Second injury fund..................................... 51,500
State general fund/general purpose..................... $ 8,167,200
Sec. 113. CAREER EDUCATION PROGRAMS
Full-time equated classified positions........... 30.0
Postsecondary education--14.0 FTE positions............ $ 3,063,700
Adult education--16.0 FTE positions.................... 2,591,700
GROSS APPROPRIATION.................................... $ 5,655,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,974,900
Special revenue funds:
Defaulted loan collection fees......................... 100,000
Private occupational school license fees............... 671,800
State general fund/general purpose..................... $ 908,700
Sec. 114. DEPARTMENT GRANTS
Adult basic education.................................. $ 20,000,000
Carl D. Perkins grants................................. 19,000,000
Gear-up program grants................................. 3,000,000
Workforce training programs subgrantees................ 291,653,600
Personal assistance services........................... 459,500
Vocational rehabilitation customer support............. 57,986,700
Independent living..................................... 4,908,600
Welfare-to-work programs............................... 97,123,800
Fire protection grants................................. 10,910,500
Low-income energy efficiency assistance................ 90,000,000
Liquor law enforcement grants.......................... 6,600,000
Remonumentation grants................................. 5,300,000
Michigan nursing corps................................. 5,000,000
Private grant programs................................. 3,000,000
Subregional libraries state aid........................ 451,800
GROSS APPROPRIATION.................................... $ 615,394,500
Appropriated from:
Federal revenues:
DAG, employment and training........................... 7,000,000
DED-OESE, gear-up...................................... 3,000,000
DED-OSERS, centers for independent living.............. 450,200
DED-OSERS, rehabilitation services, vocational
rehabilitation state grants.......................... 37,056,700
DED-OSERS, rehabilitation services facilities.......... 2,272,500
DED-OSERS, state grants for technical-related
assistance........................................... 2,240,800
DED-OSERS, supported employment........................ 1,541,300
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOL-ETA, workforce investment act...................... 225,227,700
DOL, federal funds..................................... 81,425,900
HHS-SSA, supplemental security income.................. 5,868,400
HHS, temporary assistance for needy families........... 64,699,000
Special revenue funds:
Local vocational rehabilitation facilities match....... 1,278,300
Local vocational rehabilitation match.................. 7,000,000
Private - gifts, bequests, and donations............... 400,000
Private revenues....................................... 3,000,000
Contingent fund, penalty and interest account.......... 1,000,000
Fire protection fund................................... 8,500,000
Liquor license revenue................................. 6,600,000
Liquor purchase revolving fund......................... 2,410,500
Low-income energy efficiency fund...................... 90,000,000
Survey and remonumentation fund........................ 5,300,000
State general fund/general purpose..................... $ 20,123,200
Sec. 115. BOARDS, AUTHORITIES AND COMMISSIONS
Full-time equated classified positions.......... 176.0
MES board of review program--18.0 FTE positions........ $ 2,405,700
Land bank fast-track authority--6.0 FTE positions...... 1,870,800
Commission on Spanish-speaking affairs--2.0 FTE
positions............................................ 273,800
Commission on disability concerns--7.0 FTE positions... 1,200,900
Commission for the blind--107.0 FTE positions.......... 26,892,600
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
Tax tribunal operations--15.0 FTE positions............ 2,884,900
Employment and labor relations--21.0 FTE positions..... 3,659,900
GROSS APPROPRIATION.................................... $ 40,380,400
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 2,405,700
EEOC, federal funds.................................... 10,000
Federal revenues....................................... 21,072,400
Special revenue funds:
Local revenues......................................... 521,000
Private revenues....................................... 129,000
Land bank fast track fund.............................. 1,870,800
Securities fees........................................ 3,649,900
State restricted revenues.............................. 638,600
Tax tribunal fund...................................... 2,884,900
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 6,248,100
Sec. 116. CAPITAL OUTLAY
Kalamazoo training center renovations.................. $ 770,000
GROSS APPROPRIATION.................................... $ 770,000
Appropriated from:
Special revenue funds:
Private revenues....................................... 770,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2010-2011 is $452,799,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $40,050,100.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF ENERGY, LABOR AND ECONOMIC GROWTH
Fire protection grants................................. $ 10,910,500
Liquor law enforcement................................. 6,600,000
Remonumentation grants................................. 5,300,000
Fire fighters training council......................... 1,363,000
Welfare-to-work programs............................... 15,424,800
Subregional state aid.................................. 451,800
Total department of energy, labor and economic
growth............................................... $ 40,050,100
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "DAG" means the United States department of agriculture.
(b) "DED" means the United States department of education.
(c) "DED-OESE" means the DED office of elementary and
secondary education.
(d) "DED-OPSE" means the DED office of postsecondary
education.
(e) "DED-OSERS" means the DED office of special education
rehabilitation services.
(f) "DED-OVAE" means the DED office of vocational and adult
education.
(g) "Department" means the department of energy, labor and
economic growth.
(h) "Director" means the director of the department of energy,
labor and economic growth.
(i) "DOE" means the United States department of energy.
(j) "DOE-OEERE" means the DOE office of energy efficiency and
renewable energy.
(k) "DOI-NPS" means the United States department of interior,
national park service.
(l) "DOL" means the United States department of labor.
(m) "DOL-ETA" means the DOL employment and training
administration.
(n) "DOT" means the United States department of
transportation.
(o) "DOT-RSPA" means the DOT research and special programs
administration.
(p) "EEOC" means equal employment opportunity commission.
(q) "FEMA" means federal emergency management agency.
(r) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(s) "FTE" means full-time equated.
(t) "HHS" means the United States department of health and
human services.
(u) "HHS-SSA" means HHS social security administration.
(v) "HUD" means the United States department of housing and
urban development.
(w) "IDG" means interdepartmental grant.
(x) "MBLSLA" means mortgage brokers, lenders, and servicers
licensing act.
(y) "MES" means Michigan employment security.
(z) "METRO" means metropolitan extension telecommunications
rights-of-way oversight.
(aa) "MIOSHA" means Michigan occupational safety and health
administration.
(bb) "MSHDA" means Michigan state housing development
authority.
(cc) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
authorized by section 5 of article XI of the state constitution of
1963. Payments shall be made for the total amount of the billing by
the end of the second fiscal quarter.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this bill. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure that businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies,
or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 211. The department shall establish and maintain
affirmative action programs based on the guidelines developed by
the state equal opportunity and diversity council which was created
by Executive Order No. 2008-22 in order to receive general
fund/general purpose dollars in compliance with section 26 of
article I of the state constitution of 1963.
Sec. 213. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. Such user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management and budget.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $45,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $31,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $600,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 227. The department shall sell documents at a price not
to exceed the cost of production and distribution. Money received
from the sale of these documents shall revert to the department. In
addition to the funds appropriated in part l, these funds are
appropriated for costs directly related to the continued updating
and distribution of the documents pursuant to this section. This
section applies only for the following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA
265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
REGULATORY
Sec. 301. The appropriation in part 1 for fire protection
grants from the liquor purchase revolving fund and the fire
protection fund shall be appropriated to cities, villages, and
townships with state-owned facilities for fire services, instead of
taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 301a. Cities, villages, and townships receiving fire
protection grant funds in accordance with 1977 PA 289, MCL 141.951
to 141.956, shall submit a report to the department detailing the
expenditures made by the local unit from fire protection grant
funds, the fire-related activities of the local unit's police and
fire departments on state property, and the costs of such
activities. The local unit shall provide the report no later than
January 1, 2011 covering the state fiscal year ending September 30,
2010.
Sec. 302. Money appropriated under this bill for the bureau of
fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 302a. The state fire services fund created in house bill
4026 shall be used to support the operations of the bureau of fire
services.
Sec. 303. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the
Michigan administrative code and as determined under section 8 of
1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec. 304. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees, and charge for this information as follows:
base fee for 1 to 1,000 records at the cost to the department;
1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more
records at .5 cents per record. The revenue received from this
service may be used to offset expenses of programs as appropriated
in part 1. The balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted revenue account or fund or, in absence of such an
account or fund, to the general fund.
Sec. 320. If the revenue collected by the department from
licensing and regulation fees collected by the office of commercial
services exceeds the amount expended from appropriations in part 1,
the revenue may be carried forward into the subsequent fiscal year.
The revenue carried forward under this section shall be used as the
first source of funds in the subsequent fiscal year.
Sec. 321. The department may resume printing the real estate
law and rules book (red book). The red book shall include, but is
not limited to, real estate laws and regulations and related
statutes. The red book will be provided at no charge to actively
licensed real estate brokers, associate brokers, and salespersons.
Any other party seeking a copy of the red book may purchase the
book from the bureau of commercial services at the bureau's cost to
produce the book or may print the bureau's Internet version of the
red book at no cost.
Sec. 323. Of the funds appropriated in part 1 for the
department, up to $200,000.00 may be used for administration and
enforcement of unarmed combat regulation in Michigan.
Sec. 330. Funds earned or authorized by the United States
department of labor in excess of the gross appropriation in part 1
for the unemployment insurance agency and the employment service
agency from the United States department of labor are appropriated
and may be expended for staffing and related expenses incurred in
the operation of its programs. These funds may be spent after the
department notifies the state budget director and the subcommittees
of the purpose and amount of each grant award.
Sec. 340. MIOSHA shall provide an annual report by February 1
of each year to the state budget director, the fiscal agencies, and
the subcommittees on the number of individuals killed and the
number of individuals injured on the job within industries
regulated by the bureau during the most recent year for which data
are available.
Sec. 350. In addition to the funds appropriated in part 1,
funds collected by the department under sections 55, 57, 58, and 59
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.255, 24.257, 24.258, and 24.259, and section 203 of the
legislative council act, 1986 PA 268, MCL 4.1203, are appropriated
for all expenses necessary to provide for the cost of publication
and distribution. The funds appropriated under this section are
allotted for expenditure when they are received by the department
of treasury and shall not lapse to the general fund at the end of
the fiscal year.
Sec. 360. The video franchise assessment fund is created
within the state treasury and shall receive revenue as provided in
the uniform video services local franchise act, 2006 PA 480, MCL
484.3301 to 484.3314. All interest and earnings of the fund may be
retained by the fund per the direction of the state treasurer.
Money in the fund at the close of the fiscal year may carry forward
to the new fiscal year and be used as the first source of funds in
the subsequent fiscal year.
Sec. 361. (1) The public service commission shall implement a
process for the low-income energy efficiency fund grants that shall
require an application deadline of May 1 and the award
announcements on October 1 of each year.
(2) The public service commission shall report by November 1,
2010 to the subcommittees, the state budget director, and the
fiscal agencies on the distribution of funds appropriated in part 1
for the low-income/energy efficiency assistance program.
(3) The funds collected from public utilities for low-income
energy efficiency fund grants as provided under orders issued by
the public service commission pursuant to 1939 PA 3, MCL 460.1 to
460.11 that are unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
OFFICE OF FINANCIAL AND INSURANCE REGULATION
Sec. 401. In addition to the funds appropriated in part 1, the
funds collected by the office of financial and insurance regulation
in connection with a conservatorship pursuant to section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA
173, MCL 445.1682, shall be appropriated for all expenses necessary
to provide for the required services. These funds are appropriated
for expenditure when they are received by the department of
treasury and shall not lapse to the general fund at the end of the
fiscal year.
Sec. 402. In addition to the funds appropriated in part 1, the
funds collected by the department from corporations being
liquidated pursuant to the insurance code of 1956, 1956 PA 218, MCL
500.100 to 500.8302, shall be appropriated for all expenses
necessary to provide for the required services. These funds are
appropriated for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 403. (1) The department shall allocate funds to promote
awareness of the right of a policyholder, subscriber, member,
enrollee, or other individual participating in a health benefit
plan, after the covered person has exhausted the health carrier's
internal grievance process provided for by law, to request an
external review for an adverse determination.
(2) As used in this section, "covered person" means that term
as defined in section 3 of the patient's right to independent
review act, 2000 PA 251, MCL 550.1903.
HOUSING AND COMMUNITY DEVELOPMENT
Sec. 501. MSHDA shall annually present a report to the state
budget director and the subcommittees on the status of the
authority's housing production goals under all financing programs
established or administered by the authority. The report shall give
special attention to efforts to raise affordable multifamily
housing production goals.
Sec. 503. The department and MSHDA shall report to the
subcommittees, the state budget director, and the fiscal agencies
by December 1 on the status of the loans entered into by the former
Michigan broadband development authority.
Sec. 504. MSHDA shall provide a report to the subcommittees,
the fiscal agencies, and the state budget director by December 1 on
the cities of promise blight elimination program. The report shall
include:
(a) The amount awarded to each designated city.
(b) A description of the projects in each designated city.
(c) The amount of private or local funds that were used as
match for these projects.
Sec. 510. In addition to the amounts appropriated in part 1
for the administration of the land bank fast track authority, the
authority may expend revenues received under the land bank fast
track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes
authorized by the bill including, but not limited to, the
acquisition, lease, management, demolition, maintenance, or
rehabilitation of real or personal property, payment of debt
service for notes or bonds issued by the authority, and other
expenses to clear or quiet title property held by the authority.
Sec. 511. In addition to the funds appropriated in part 1, the
funds collected by state historic preservation programs for
document reproduction and services and application fees are
appropriated for all expenses necessary to provide the required
services. These funds are appropriated for expenditure when they
are received and may be carried forward into the succeeding fiscal
year.
MICHIGAN REHABILITATION SERVICES AND MICHIGAN COMMISSION FOR THE
BLIND
Sec. 601. The Michigan career and technical institute may
receive equipment and in-kind contributions for the direct support
of staff services through the Pine Lake fund, the Delton-Kellogg
school district or other local or intermediate school district, or
any combination of local or intermediate school districts in
addition to those authorized in part 1.
Sec. 602. The Michigan rehabilitation service shall make every
effort to ensure that all sources of matching funds in this state
are used to obtain federal vocational rehabilitation funds. All
sources include, but are not limited to, privately raised funds to
support public nonprofit rehabilitation centers as permitted by the
rehabilitation act of 1973, Public Law 93-112.
Sec. 610. (1) The appropriation in part 1 for the Michigan
commission for the blind includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the Michigan commission for the blind
that is unexpended at the end of the fiscal year may carry forward
to the subsequent fiscal year.
Sec. 611. The Michigan commission for the blind shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal funds.
Sec. 612. The youth low-vision program is considered the payer
of last resort. Other available public or private insurance
coverage, including Medicaid or MIChild, and special education
funds, shall be exhausted prior to using any funds appropriated in
part 1 to purchase low-vision devices or equipment for an
individual.
Sec. 613. (1) The funds appropriated in part 1 for a regional
or subregional library shall not be released until a budget for
that regional or subregional library has been approved by the
department for expenditures for library services directly serving
the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library's fiscal agency shall
agree to maintain local funding support at the same level in the
current fiscal year as in the fiscal agency's preceding fiscal
year. If a reduction in expenditures equally affects all agencies
in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as
a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a
reduction in income affects a library cooperative or district
library that is a regional or subregional library's fiscal agency
or a reduction in expenditures for the regional or subregional
library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1.
Sec. 615. The department may provide and enter into agreements
to provide general services, training, meetings, information,
special equipment, software, and facility use, and technical
consulting services to other principal executive departments, state
agencies, local units of government, the judicial branch of
government, other organizations, and patrons of department
facilities. The department may charge fees for these services that
are reasonably related to the cost of providing the services. In
addition to the funds appropriated in part 1, funds collected by
the department for these services are appropriated for all expenses
necessary. The funds appropriated under this section are allotted
for expenditure when they are received by the department of
treasury.
CAREER EDUCATION AND WORKFORCE DEVELOPMENT
Sec. 701. From the appropriations in part 1, the department is
appropriated an amount not to exceed $100,000.00 from collection of
defaulted loans under the future faculty program in the Martin
Luther King, Jr. - Cesar Chavez - Rosa Parks programs to offset
costs of administering the loan collections.
Sec. 702. The department shall administer the jobs, education,
and training program in accordance with the requirements of the
social security act, title IV, section 407(d), the state social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other
applicable laws and regulations.
Sec. 703. (1) Using all relevant state data sources, the
department shall conduct a 3-year longitudinal study of all former
work first and jobs, education, and training participants, whose
department of human services program cases closed due to earnings
during fiscal year 1999 and in succeeding fiscal years. The data
will include the following:
(a) The number and percentage employed.
(b) The average hourly wage of those employed.
(c) The range of wages earned by those employed.
(d) The number and percentage receiving health care benefits
from their employer.
(e) The type of jobs obtained by former participants in
general categories.
(f) The length of time former participants have retained their
jobs, or if participants have had more than 1 job, the length of
time employed at each job.
(g) The number and percentage continuing to receive any type
of public assistance.
(2) The department shall notify the subcommittees, fiscal
agencies, and state budget director electronically by March 15 of
the location of the Internet site where the report containing the
identified data is located.
(3) The department shall cooperate with the department of
human services in formulating and acquiring the identified data.
(4) The department may retain a third party to conduct the
studies to obtain the data identified under this section.
Sec. 710. State and federal funds allocated to local workforce
development boards for disbursement shall not be expended unless
the local workforce development boards maintain a partnership with
governmental agencies, public school districts, and public colleges
located within the local service delivery area. Each board shall
appoint an education advisory group made up of high-level
administrators within local educational institutions, workforce
development board members, other employers, labor, academic
educators, parents of public school pupils, and, at the board's
discretion, representatives of organizations that provide school-
based curriculum and youth programs focusing on entrepreneurship,
work-readiness skills, and financial literacy.
Sec. 711. (1) The department shall make available, in person
or by telephone, 1 disabled veterans outreach program specialist or
local veterans employment representative to Michigan works! service
centers, as resources permit, during hours of operation.
(2) The department shall ensure that each Michigan works!
service center shall have the necessary equipment to allow the
disabled veterans outreach specialist or local veterans employment
representative to perform his or her duties.
(3) The department shall require each Michigan works! service
center to have an employee available to ask each individual who
requires intensive services beyond core services, as defined by
section 134 of the workforce investment act of 1998, 29 USC 2864,
whether that individual is a veteran. The employee shall refer any
veteran needing or requesting veterans services to the disabled
veterans outreach program specialist or local veterans employment
representative assigned to the center.
(4) The department shall require that each Michigan works!
service center shall have posted in a conspicuous place within the
office a notice advising veterans that a disabled veterans outreach
program specialist or a local veterans employment representative is
available to assist him or her.
(5) The department shall require each Michigan works! service
center to provide free mediated services to employers wishing to
hire a veteran.
(6) The department shall continue to make the appropriate
placement of veterans and disabled veterans a priority.
Sec. 712. In addition to the funds appropriated in part 1, any
unencumbered and unrestricted federal workforce investment act or
trade adjustment assistance funds available from prior fiscal years
are appropriated for the purposes originally intended.
Sec. 720. By December 1, 2010, the department shall submit a
report to the state budget director, the senate and house
appropriations committees, and the fiscal agencies on the status of
nursing education in Michigan. The report shall include, but is not
limited to, the number of nursing degree programs offered at
Michigan public and private nursing education institutions, the
type of nursing degrees and certificates offered (practical nurse,
associate, bachelor's, master's, doctoral), the number of Michigan
board of nursing approved nursing seats for nursing students, and
any barriers there may be to the employment of more nurses in the
state of Michigan.
Sec. 721. (1) From the appropriation in part 1 for the
Michigan nursing corps, grants may be awarded to Michigan
institutions of higher education consisting of public 4-year
institutions, public 2-year institutions, independent colleges and
universities, and tribally controlled community colleges with
existing, accredited nursing baccalaureate or postgraduate
education programs. The purpose of the grants is to prepare
registered nurses and increase the number of nursing faculty. The
department may also award grants on a cash or in-kind matching
basis to licensed hospitals that agree to provide nurse educators
and related clinical training to additional student nurses in
partnership with institutions of higher education described in this
subsection. Awards shall be made in a manner and form as determined
by the department, in collaboration with the department of
community health.
(2) One or more grants may be awarded to educational
institutions for preparation of additional nurse faculty in
programs that meet 1 or more of the following:
(a) Preparation of master's-degreed nursing faculty in a
nationally accredited, accelerated program. Grants for this program
may include program tuition, a stipend for student living expenses,
and other education-related costs.
(b) Preparation of doctoral-degreed nursing faculty in an
accelerated program within an existing, accredited doctor of
philosophy in nursing program or doctorate of nursing practice
program. Participants must be currently enrolled doctoral students
who will be able to complete their doctoral degree program within 2
years. Grants for this program may include program tuition, a
stipend for student living expenses, and other education-related
costs.
(c) Preparation of clinical instructors for nursing education
programs. The program shall include classroom instruction plus a
practicum with students and patients. This program shall require
collaborative agreements between nursing education programs and
hospitals. It is expected that each graduate will provide clinical
instruction for at least 1 cohort of nursing students per year.
(3) A program receiving a grant under subsection (2) shall
provide that eligible participating students under subsection (2)
are registered nurses willing to participate full-time in
accredited programs and become employed in Michigan as nursing
faculty or clinical instructors for a minimum number of years, as
determined by the department of community health, upon completion
of the program. The department of community health shall establish
procedures for recovery of funds from students who do not remain
employed in Michigan for the prescribed time period.
(4) One or more grants may be awarded for preparation of
registered nurses in accredited, accelerated bachelor's in nursing
programs. These programs shall be targeted toward Michigan workers
who have been displaced from employment and who possess a
bachelor's degree in a science-related area. Grants for this
program may include program tuition, a stipend for student living
expenses, and other education-related costs.
(5) One or more grants may be awarded to healthcare research,
training, or development agencies for the purpose of development,
implementation, or training related to educational technologies,
including simulation or other virtual educational methods for the
purpose of building capacity to educate a continuous supply of
nurses for Michigan’s workforce.
(6) Program management, data management, and evaluation for
these projects shall be the responsibility of the department of
community health, in collaboration with the department.
(7) The department and the department of community health
shall work to increase the amount of federal funds for nurse
education available to the state, eligible grantees described in
subsection (1), and nursing students.
(8) The funds appropriated in part 1 for the Michigan nursing
corps are designated as work project appropriations and shall not
lapse at the end of the fiscal year. Any unencumbered and
unexpended funds shall continue to be available for the expenditure
of grants until the project has been completed. The total cost of
the work project is estimated at $5,000,000.00 and the tentative
completion date is September 30, 2012. These funds shall be used
in accordance with the requirements of the workforce investment act
of 1998, public law 105-220.
Sec. 730. (1) Of the funds appropriated in part 1 for the
workforce training programs subgrantees, the department shall
provide a report by December 15, 2011 to the house and senate
chairs of the subcommittees, the state budget director, and the
fiscal agencies on the status of the no-worker-left-behind program.
The report shall include the following:
(a) The amount of funding allocated to each Michigan works!
agency and the total funding allocated to the no-worker-left-behind
program statewide by fund source.
(b) The number of participants enrolled in the program by each
Michigan works! agency.
(c) The average duration of training for program participants
by each Michigan works! agency.
(d) The number of participants enrolled in remedial education
programs and the number of participants enrolled in literacy
programs.
(e) The number of participants enrolled in programs at 2-year
institutions.
(f) The number of participants enrolled in 4-year
institutions.
(g) The number of participants enrolled in proprietary schools
or other technical training programs.
(h) The number of participants that have completed education
or training programs.
(i) The number of participants who secured employment in
Michigan within 1 year of completing a no-worker-left-behind
training program.
(j) The number of participants who completed a no-worker-left-
behind training program and secured employment in a field related
to their training.
(k) The average wage earned by participants who completed a
no-worker-left-behind training program and secured employment
within 1 year.
(2) Data collection for the report shall be for the period
October 1, 2010 through September 30, 2011.
Sec. 732. The department shall ensure that school districts
and career preparation programs operated by school districts are
eligible education providers under the no-worker-left-behind
program and programs funded by the federal workforce investment
act.
Sec. 733. The department shall publish the "activities
classification structure data book" for Michigan community colleges
on or before March 1, 2011.
Sec. 734. The department shall compile the information
received from community colleges on North American Indian tuition
waivers granted pursuant to 1976 PA 174, MCL 390.1251 to 390.1253
and shall submit this compilation to the house and senate
appropriations subcommittees on community colleges, the fiscal
agencies, and the state budget director by February 15, 2011.
Sec. 735. The department shall compile the information
received from community colleges on the number and types of
associate degrees and other certificates awarded during the
previous fiscal year and shall submit this compilation to the house
and senate appropriations subcommittees on community colleges, the
fiscal agencies, and the state budget director by January 7, 2011.
CAPITAL OUTLAY
Sec. 801. (1) The director shall allocate lump-sum
appropriations made in this bill consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 802. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.